a) “Administrative Personnel” means those persons who are either Officers or Management Employees as defined in this bylaw.
b) “City” means City of Revelstoke.
c) “Council” means the elected Council of the City of Revelstoke.
d) “Management Employee” means a person who is not an Officer and who fills a position which is not within the bargaining unit covered by the Collective Agreements between the City of Revelstoke and C.U.P.E. Local 363 and I.A.F.F. 1746.
e) “Officer” means a person appointed by Council to an Officer Position.

Officer Positions

2. The following positions are hereby established as officer positions of the City:

(a) Chief Administrative Officer
(b) Director of Corporate Administration (Corporate Officer)
(c) Director of Finance (Financial Officer)
(d) Other Officer Positions:
i. Deputy Director of Corporate Administration
ii. Deputy Director of Finance
iii. Director of Engineering and Public Works
iv. Operations Manager
v. Director of Parks, Recreation and Personnel
vi. Fire Chief
vii. Director of Planning
viii. Manager of Development Services
ix. Director of Community Economic Development

Powers, Duties and Functions of Officers

3. The powers, duties and functions of Officers are established as follows:

(a) The Chief Administrative Officer is assigned the Chief Administrative responsibilities, pursuant to Section 147 of the Community Charter, his/her corresponding Position Description and additional assignments by resolution of Council pursuant to Section 146(c) of the Community Charter.
(b) The Director of Corporate Administration (Corporate Officer) is assigned the Corporate Administration responsibilities, pursuant to Section 148 of the Community Charter, his/her corresponding Position Description and additional assignments by resolution of Council pursuant to Section 146(c) of the Community Charter.
(c) The Director of Finance (Financial Officer) is assigned the Financial Administration responsibilities, pursuant to Section 149 of the Community Charter, his/her corresponding Position Description and additional assignments by resolution of Council pursuant to Section 146(c) of the Community Charter.
(d) The responsibilities of all other Officer positions, as stated in Section 2(d) are in accordance with his/her Position Description and additional assignments by resolution of Council pursuant to Section 146(c) of the Community Charter.

Oath of Office

4. That the Oath of Office, as set out in Schedule ‘A’ to this Bylaw, is hereby adopted as the Oath of Office for Administrative Personnel of the City.

Regular Employment

5. Administrative Personnel shall:

(a) devote the time necessary to carry out the efficient operation of his/her area of authority even if this time extends beyond normal City office hours;
(b) comply with all the rules, regulations and policies as set by Council from time to time;
(c) comply with all Federal and Provincial laws and regulations relating to their employment; and
(d) conduct themselves in a manner consistent with any Code of Ethics established by the Local Government Management Association and Council from time to time.

Remuneration – Salaries and Review

6. Administrative Personnel shall be paid according to the salary scale, as set by Council from time to time. Salary reviews will occur annually and any change to the scale shall take effect on January 1, unless otherwise established by Council. The Chief Administrative Officer shall carry out performance evaluations on individual Administrative Personnel from time to time as deemed necessary. Council shall carry out a performance review of the Chief Administrative Officer as deemed necessary.

Probation

7. The employment of Administrative Personnel shall be subject to a probationary period of 6 months but may be extended under extraordinary circumstances by mutual agreement between Council and the Administrative Personnel. If employment is terminated during probation due to the unsuitability of the Administrative Personnel, or for any other reason, termination may be without notice or compensation in lieu of notice.

Council reserves the right to require an employee to undergo a medical examination at the Council’s expense at any time up to the expiry of the probationary period. The results of such exam shall be for the purposes of Council assessing risk and determining the Administrative Personnel’s suitability for employment and shall remain confidential.

Benefits

8. (a) All Administrative Personnel shall participate in the benefit coverage plans provided by Council unless the Administrative Personnel chooses to take advantage of any opting out facilities that may be made available by the benefit plan coverage provider. The Administrative Personnel will be required to complete the necessary application forms for submission to the applicable benefit plan insurance underwriter for benefit coverage.

(b) If Administrative Personnel do not qualify for coverage by the benefit plan provider Council is not liable for benefit coverage.

(c) Council will provide benefit coverage plans in accordance with Section 9 through insurance underwriters. Council may change underwriters at any time provided the minimum level of existing coverage is maintained.

Benefit Coverage Plans

9. (a) Pension - Administrative Personnel shall participate in the existing pension plan in accordance with the Public Sector Pension Plans Act, and the Canada Pension Plan, and any future plan that may be entered into by mutual agreement.

(b) Medical Services Plan - Administrative Personnel shall be enrolled in the Medical Services Plan of British Columbia at no cost to the Administrative Personnel.

(c) Health and Welfare Plan - Administrative Personnel and their dependents shall be enrolled in the City’s Health and Welfare Plan which is summarized in Schedule ‘B’.

Sick Leave

10. Council will provide sick leave benefit at no cost to Administrative Personnel in accordance with this section.

Administrative Personnel that have not completed 24 months of continuous service shall, from the date of commencement of employment, be entitled to receive a sick leave allowance of 1 1/2 days of sick leave credit for each month of service during the 24 month period. This sick leave allowance cannot be banked beyond the first 24 months. This initial sick leave entitlement may be extended at the discretion of the Chief Administrative Officer to a maximum of 30 days and by Council up to 26 weeks for each of the first and second years.

Administrative Personnel that have completed 24 months of continuous service shall be entitled to a maximum of 26 weeks sick leave at full pay for each occurrence of illness or injury.

Where sick leave is insured through a third party carrier the criteria for determining the reoccurrence of illness or injury shall rest with the third party carrier.

Where the Administrative Personnel’s illness or injury extends beyond the sick leave entitlement outlined above, that person shall continue to be compensated in accordance with the Employer’s Long Term Disability Insurance Plan and as approved by the plan carrier.

Where Administrative Personnel receive income under any other disability plan, either private, provincial or federal, such income shall be reimbursed to the Employer.

The Administrative Personnel’s responsibility to report sick leave and comply with Council’s request for medical information is determined by Council’s sick leave policy.
Leave of Absence

11. The Chief Administrative Officer may grant leaves of absence with pay for:

(a) Business relating to City matters;

(b) Conferences and training programs;

(c) Compassionate reasons or bereavement; and

(d) Jury duty

The Chief Administrative Officer may grant leaves of absence without pay for reasonable periods but not in excess of 6 months without Council’s permission.

Council may, at its discretion, grant leaves of absence to the Chief Administrative Officer.

Maternity and parental leave shall be made available to Administrative Personnel in accordance with the Employment Standards Act.
Vacations

12. Annual vacations for Administrative Personnel shall be granted under the following terms:

(a) Administrative Personnel who have completed 1 year of service at the end of a calendar year shall be entitled to 4 weeks annual vacation.

(b) Administrative Personnel that are in the tenth to nineteenth year of service shall be entitled to 5 weeks annual vacation.

(c) Administrative Personnel that are in the twentieth and subsequent years of service shall be entitled to 6 weeks annual vacation.

(d) The Chief Administrative Officer and Council may, by mutual agreement with Administrative Personnel, vary the terms of vacation entitlement upon recruitment.

Vacation entitlements shall be taken in the year in which they accrue unless agreed with the Chief Administrative Officer by September 30 in each year to be deferred or paid out.

Administrative Personnel who will not complete a year of service by the end of the calendar year shall arrange vacation entitlement with pay with the Chief Administrative Officer, unless other arrangements have been negotiated at the commencement of employment.

Statutory Holidays

13. Administrative Personnel shall be entitled to all statutory holidays currently in existence, Easter Monday, Boxing Day and any future statutory holidays that may be declared by the provincial or federal governments or the City.

Overtime

14. Administrative Personnel shall not be entitled to overtime pay.

In lieu of overtime pay, Administrative Personnel shall be entitled to additional leave of 10 working days with pay for each complete calendar year of service.

The foregoing entitlement shall be prorated for service that is less than a complete calendar year.

Leave of absence in lieu of overtime earned for one calendar year may be carried forward to the next calendar year only after which the entitlement expires.

Leave of absence in lieu of overtime shall not have any cash value and shall not be paid out except where an employee leaves the City’s employ or retires.

Hours of Work

15. Administrative Personnel shall be available at all times that their departments are in operation, except for periods of approved absence. They shall also be expected to attend meetings of Council, Standing and Select Committee meetings, or other City business meetings when requested to do so by the Chief Administrative Officer.

Contract of Employment

16. Council and any Administrative Personnel may agree in writing to any special terms or considerations, including a specified term of employment; and in doing so may add to, or exclude from, the terms and conditions of employment as set forth in this bylaw. Pursuant to Section 150 of the Community Charter, in the event of a conflict between terms and conditions of employment established by City bylaw, Council resolution or policy and those established by a contract of employment, the contract prevails.

Confidentiality

17. Subject to the provisions of the Freedom of Information and Protection of Privacy Act:

(a) Administrative Personnel will not, either during the term of their employment, or any time thereafter, except with the consent of the Chief Administrative Officer (Council in the case of the Chief Administrative Officer), disclose to any person other than an Officer or Elected Official any confidential information concerning the business or operation of Council which Administrative Personnel may receive as a result of their employment, and in particular, Administrative Personnel shall acknowledge and agree that all documents, procedures, policies, programs, reports and other information received, developed, prepared, or coordinated by Administrative Personnel are the property of Council and are strictly confidential to Council; and

(b) Subsection 17.(a) survives termination of employment and continues in full force and effect.

Relocation Expenses

18. Relocation expenses shall be paid by the Council for Officers at 100% of eligible expenses and at 75% of eligible expenses for Management Employees, provided that the Administrative Personnel obtains a minimum of 3 estimates from bona-fide moving companies and submits them to the Chief Administrative Officer (Council in the case of the Chief Administrative Officer) for approval and acceptance of the moving company to be retained; and further that Administrative Personnel accepts in writing a minimum obligation period of employment with Council of 3 years. A maximum obligation employment period of 5 years may be specified by resolution of Council.

Should employment terminate for cause or at the Administrative Personnel’s initiative prior to the conclusion of the required obligation period of employment, the Administrative Personnel shall repay to the City the amount reimbursed for relocation expenses less a credit for the time actually worked using the following formula:

Credit = Moving costs reimbursed X Number of weekdays passed since
Obligation period/days start date

Eligible relocation expenses and guidelines are attached hereto as Schedule ‘C’.

Termination of Employment

19. (a) Subsection (b) applies to Administrative Personnel hired on or after May 27, 2002.

(b) Council shall provide notice of termination of employment to Administrative Personnel who have successfully completed the probation period under Section 7, as follows:

(i) Two (2) weeks for any Administrative Personnel who have not completed one full year of service.

(ii) One month for every completed year of service to a maximum of twelve (12) months, at the rate of pay in effect at the time of termination.

(iii) At the discretion of the Council and if legally permissible, pay in lieu of notice will be provided to Administrative Personnel which shall include the salary in effect at the time of termination, Council’s portion of the benefit plan premiums and Council’s portion of the pension contributions.

(iv) Any payment made under this section will be subject to all deductions required by law.

(v) If Council’s insurance carrier that provides benefits to Administrative Personnel declines to continue coverage for any period of notice for which payment in lieu of benefits is made, then Administrative Personnel shall have no claim against Council for any disability arising from the date of termination.

(c) Unless otherwise agreed between Council and Administrative Personnel, notice of resignation shall be given no less than sixty (60) calendar days prior to the resignation date.

(d) Nothing in this bylaw precludes the right of Council to dismiss Administrative Personnel for just cause without notice or pay in lieu of notice.

(e) Unless otherwise provided by provincial legislation, all Administrative Personnel are subject to mandatory retirement at age 65, effective the first day of the month following the date of the 65th birthday.

Expenses and Professional Fees

20. Administrative personnel shall be reimbursed for all approved expenses incurred on behalf of Council in the course of fulfilling their duties in accordance with Council Policy regarding such expenses. Administrative Personnel’s membership fees to professional organizations that Council considers will be of benefit to the City shall be paid by Council at its discretion.

Severance

21. In the event that any provision herein or part thereof shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions, or parts thereof, shall be and remain in full force and effect.


Repeal

22. That the City of Revelstoke Officers and Employees Bylaw No. 1627, 2000, the City of Revelstoke Terms and Conditions of Employment for Administrative Personnel Bylaw No. 1670, 2002 and the City of Revelstoke Terms and Conditions of Employment for Administrative Personnel Amendment Bylaw No. 1821 are hereby repealed in their entirety.

Citation

23. This Bylaw may be cited as the “City of Revelstoke Municipal Officers and Management Employees Bylaw No. 1851”.


READ A FIRST TIME THIS 12th DAY OF FEBRUARY, 2007.

READ A SECOND TIME THIS 12th DAY OF FEBRUARY, 2007.

READ A THIRD TIME THIS 12th DAY OF FEBRUARY, 2007.

ADOPTED BY CITY COUNCIL THIS 26th DAY OF FEBRUARY, 2007.




Director of Corporate Administration

Mayor


Certified a true copy this _______________ day of _________________, _______.





SCHEDULE "A"

Oath of Office

I, (insert officer’s name) , do swear/solemnly affirm that:

1. I will truly, faithfully, and impartially, to the best of my knowledge, skills and ability, execute the office of (insert name of office) to which I have been appointed for the City of Revelstoke.

2. I have not received and will not receive any payment or reward, or any promise of payment or reward, for the exercise of any partiality or other improper execution of my office.


Sworn/Affirmed by me at (place) , on (date) .


(signature of person swearing / affirming oath)


(signature of person administering oath)



SCHEDULE “B”

Medical Benefits

Medical Services Plan of B.C. - Regular medical services

Extended Health Benefits Plan - As provided by insurance carrier

Dental Benefits

100% Plan A - Basic Services
60% Plan B - Major restorative services
50% Plan C - Orthodontics

Group Life Insurance

Basic coverage - Twice annual salary
Maximum coverage determined by carrier

Accidental death and dismemberment - Provides double indemnity group life insurance and cash payment for loss of specified limbs
Maximum coverage determined by carrier

Optional Life Insurance - Administrative Personnel may purchase additional life insurance for themselves and/or their spouse subject to certain maxima dictated by the insurance carrier. Premiums to be paid by the Administrative Personnel

Long Term Disability

Benefit equal to 75% of monthly earnings and subject to a maximum determined by the insurance carrier.

Qualifying period is twenty-six (26) weeks.

Premiums are the responsibility of the City.


The foregoing summary is a brief outline of the benefits provided by Council to Administrative Personnel through its insurance carriers. For full details of the various benefits refer to the Employees Handbook, as updated from time to time, or the Employee Benefit Booklets online. Unless otherwise stated, premiums for the above benefits are the responsibility of the City.



SCHEDULE "C"

Guidelines on Relocation Assistance for Administrative Personnel

Eligible moving costs shall include:

All transportation charges
All packing charges
All unpacking charges
All packing materials

Ineligible costs are:

Items of furniture and effects excluded from transportation charges:

? Automobiles and trucks
? Recreation vehicles of any description
? Boats
? Aircraft
? Livestock
? Perishable goods, freezer contents, or any item requiring heat or refrigeration
? Fuels (liquid or solid)
? Patio stones
? Outdoor barbecues (brick, cement or stone)
? Building materials
? Empty bottles and cans
? Portable buildings
? Any commodity restricted by tariff restrictions and law from being moved with household effects

Excluded services:

? Extra pick up and delivery
? All insurance costs (other than normal moving insurance)
? Access to storage charges
? Cleaning
? Fumigation or moth proofing
? Dismantling and reassembling of outdoor apparatus such as swings, garden furniture, television antennae etc.
? Lifting and laying of carpets, runners, tiles etc.
? Removal and installation of valance boxes, curtain rods, wall hooks, picture hangers etc.
? Connecting and disconnecting plumbing and power/fuel supplies for appliances such as washers, dryers, dishwashers, water softeners, etc.
? Conversion of appliances for use with different power/fuel supplies
? Preparation of appliances for moving or preparing them for operation after moving
? Packing, loading, unloading and unpacking on holidays or weekends
? Extra labour charges
? Expedited service charges

 
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